Legal practitioner Austin Kwabena Brako-Powers has expressed concerns that public disclosure of the Economic and Organised Crime Office's (EOCO) search warrant against Manhyia South MP Nana Agyei Baffour Awuah could undermine the purpose of the warrant. According to Mr Brako-Powers, the nature of a search warrant requires some level of confidentiality to prevent documents or materials relevant to an investigation from being concealed, altered or destroyed.
The Accra High Court recently authorised EOCO to arrest Mr Baffour Awuah and search for and seize documents relevant to its ongoing investigation. The court directed that the arrest be executed through the Speaker of Parliament. This order comes a week after EOCO officers attempted to arrest Mr Baffour Awuah at the Accra High Court on September 23, an incident that generated significant public and legal debate.
EOCO said the attempted arrest followed two invitations issued to Mr Baffour Awuah in February which it said had not been honoured. Mr Brako-Powers stated that widespread publicity about the search warrant could give a person of interest sufficient time to interfere with materials investigators were seeking. He questioned whether the purpose of the warrant could be achieved if the subject of the investigation was given advance knowledge that EOCO had secured judicial authorisation to search for and seize relevant materials.
Mr Brako-Powers also raised concerns about the court's direction that EOCO execute the arrest through the Speaker of Parliament. He argued that the legal position did not ordinarily require EOCO to obtain the Speaker's consent or permission before taking lawful steps against an MP, although parliamentary privileges and constitutional protections must be respected.
The issue, according to Mr Brako-Powers, requires careful consideration because Parliament's privileges should not be interpreted in a way that prevents lawful investigations. He also questioned whether the fact that Parliament was not sitting, or that an MP was not engaged in parliamentary business at a particular time, should automatically determine the manner in which investigative steps could be taken.
The latest EOCO action relates to an investigation into alleged unauthorised financial transactions at SIC Life Savings and Loans Company Limited, involving allegations including financial loss, dissipation of public funds and money laundering. Mr Baffour Awuah has disputed aspects of EOCO's account and said a representative of his former law firm had engaged with investigators on three occasions and provided information requested.
The High Court's order now provides EOCO with judicial authority to proceed with the arrest and the authorised search and seizure, while the underlying allegations remain under investigation. Mr Brako-Powers' comments highlight the need for a balance between the need for investigations to be conducted lawfully and the need to protect parliamentary privileges.
Key points
- Public disclosure of EOCO's search warrant against MP Nana Agyei Baffour Awuah could undermine the purpose of the warrant.
- The court's direction that EOCO execute the arrest through the Speaker of Parliament has been questioned by legal practitioner Austin Kwabena Brako-Powers.
- The EOCO investigation relates to alleged unauthorised financial transactions at SIC Life Savings and Loans Company Limited.
